HomeMy WebLinkAboutFIRST AMENDMENT JOINT DEFENSE AGREEMENT
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FIRST AMENDMENT TO 11 ~ l
JOINT DEFENSE AGREEMENT cr /Jr1J I
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This First Amendment to Joint Defense Agreement ("Amendment") is made as of this
!()O day of February, 2007, by and between the parties named below ("Parties").
Recitals
A. The Parties entered into a Joint Defense Agreement effective as of January 4,
2007.
B. The Parties now desire to amend their Joint Defense Agreement as provided
below.
Amendment
NOW, THEREFORE, intending to be legally bound, the Parties hereby amend their Joint
Defense Agreement as follows:
1. In paragraph 3, line 5, insert "or any of its affiliates" after "Member".
2. In paragraph 16, line 5, after "Agreement" add: "; provided, however, the
disclosing Member does not waive, and hereby reserves, its right to assert attorney client or work
product privilege or confidentiality or other objections to the production of such requested
information or documents."
3. All other terms and conditions of the Joint Defense Agreement are hereby ratified
and confirmed.
IN WITNESS WHEREOF, the following Parties have executed this Amendment under
their respective hands and seals as of the day and date first indicated above.
[Separate Signature Pages Follow]
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Aiken County Public Service Authority
By:
Title:
2
Augusta, Georgia
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Attest:
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Clariant Corporation (Martin Plant)
By:
Title:
4
Columbia County, Georgia
By:
Title: Chairman of Its Board of Commissioners
5
DSM Chemicals
By:
Title:
6
International Paper Company (Augusta Mill)
By:
Title:
7
The Member signing below is not a signatory to the CSRA TMDL Group Participation
Agreement because it discharges downstream of the CSRA. However, the Member desires to be
a signatory to this First Amendment to Joint Defense Agreement and to enjoy / be bound by the
terms and conditions set forth herein.
International Paper Company (Savannah Mill)
By:
Title:
8
Kimberly-Clark Corporation (Beech Island Mill)
By:
Title:
9
PCS Nitrogen Fertilizer, LP
By PCS Nitrogen Fertilizer Operations, Inc., its General Partner
By:
Title:
10
Augusta Metro Chamber of Commerce (Non-voting Member under Participation
Agreement)
By:
Title:
11
Aiken-Edgefield Economic Development Partnership (Non-voting Member under
Participation Agreement)
By:
Title:
12
AGENDA ITEM # 2
EDITION
Add on after Legal meeting 2-20-07
DATE:
February 20,2007
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FROM:
Stephen E. Shepard, County Attorney
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TO:
Honorable David S. Copenhaver, Mayor
Honorable Betty Beard, Mayor Pro Tem
Members of the Commission
THROUGH: Fred Russell, Administrator
SUBJECT: First Amendment to Joint Defense Agreement
CAPTION: First Amendment to Joint Defense Agreement'
BACKGROUND:
Augusta is participating in an appeal of the EPA Order
establishing an unrealistic total maximum daily load of
suspended solids in the Savannah River Harbor in
Savannah.
The Commission previously agreed to a Joint Defense
Agreement, that agreement being effective as of January 4,
2007. This amendment to the agreement inserts the
following language in Paragraph 16, line 5 after the word
"agreement";
Provided however the disclosing member does not waive
and hereby reserves his right to assert attorney-client or
work product privilege or confidentiality or other objections to
the production of such request of information or documents."
All the remaining terms of the agreement are the same.
ANAL YSIS:
See Background
FINANCIAL IMPACT:
The amendment to the contract will not change Augusta's financial
commitment to the Joint Defense Agreement
ALTERNATIVES:
No practical alternative.
RECOMMENDATION:
Approve execution of first amendment to joint defense
agreement by Mayor Copenhaver.
AGENDA DATE:
February 20, 2007 - add on after legal meeting
DEPARTMENT 0 \)-
DIRECTOR: !?J:.... ~
ADMINISTRATOR:
FUNDS ARE AVAILABLE IN THE
FOllOWING ACCOUNTS:
FINANCE: